In terms of "industrial matters" (as defined by the NSW Industrial Relations Act 1996), Section 26 (1) of the Area Health Services Act 1986 provides that the Health Administration Corporation is the employer of employees of an area health service

Pursuant to Section 26 (2) of the Area Health Services Act 1986, and except as otherwise fixed in accordance with law, the Health Administration Corporation hereby fixes the wages and conditions of employment in respect of positions for Multi-skilled Medical Officers employed by the Illawarra Area Health Service, to enable the Illawarra Area Health Service to exercise its statutory functions, as follows:

The conditions of employment, including rates of remuneration, of each position designated as "Multi Skilled Medical Officer" shall be in accordance with the agreement known as the 1997 Illawarra Area Health Service - Multi Skilled Medical Officers - Agreement which is attached as the schedule to this determination.

Signed at Sydney this                    day of                           1997

.....................................................
Michael Reid
Director-General Department of Health NSW as Health Administration Corporation

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Signature of Witness

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(Print) Name of Witness

1.   Area, Incidence and Duration

This Agreement is between the Illawarra Area Health Service and the members of the Illawarra Casual Medical Officers Association (hereinafter referred to as Multi Skilled Medical Officers - MMO's) employed by the Illawarra Area Health Service (hereinafter referred to as IAHS).

Other than as specified in Clause 9, this Agreement shall take effect from the beginning of the first full pay period commencing on or after the date it is made and shall remain in force thereafter until 31 December 1999. It is a term of this Agreement that the parties agree not to pursue any extra claims, unless by agreement, until 31 December 1999.

This Agreement will be retrospective to the beginning of the first full pay period commencing on or after 1 January 1997.

2.   Aim

The aim of this Agreement is to promote real gains in productivity, efficiency, flexibility and co-operation in the workplace and to facilitate continued progress on restructuring and training initiatives. It sets in place a recognised career structure and path for MMO's.

3.   Definition

For the purposes of this Agreement a MMO shall be a doctor with a minimum of 5 years postgraduate, broad ranging public hospital experience and may also be experienced in a variety of non-public hospital areas of Medicine.

4.   Representation

For the purposes of this Agreement the MMOs will be industrially represented by the New South Wales Branch of the Australian Medical Association Limited.

5.   Terms and Conditions

The appointment of an MMO will be for the term of this Agreement on a flexible hours basis. The hours of work will depend on the rostering requirements of the hospital(s). At the end of the term of this Agreement the MMO may, subject to satisfactory performance, be eligible for reappointment.

Appointments and credentialling are recommended to the Illawarra Area Health Service by a Credentialling Committee (herein referred to as CC and described herein). Day to day issues will be referred to a Joint Consultative Committee (hereinafter referred to as JCC and described herein).

6.   Rosters

Each MMO and IAHS Medical Administration will agree to a 12 months roster for the Area at least 2 months in advance of a roster period commencing.

In considering the roster the Area will recognise the hours worked by each MMO as established by examination of the pattern of work of the MMO for the twelve months prior. As far as possible no reduction in hours will occur for MMO's for twelve months following the date of the singing of this Agreement. However, should this be required due to contingency needs of the IAHS, full discussion will take place with MMO's and their industrial representative.

The roster will be specific in terms of time, place and function. Changes to this roster can only occur by mutual consent and will, as far as possible, reflect the time, place and function as originally rostered.

7.    Career path

Multi - skilling -

It is agreed between the parties that multi-skilling is at the core of this Agreement. MMO's shall strive to attain such multi-skilling and management shall provide appropriate and reasonable training opportunities for the MMO to attain multi-skilling in order to progress on their career path. Multi-skilling can occur within a discipline or across disciplines.

Training -

It is agreed that training is an important part of multi-skilling. The Area shall, as far as possible, provide an MMO with opportunities for training both inter and intra discipline which will lead towards credentialling at a higher level. Appropriate training shall be as designated by the Credentials Committee (defined hereafter). When an MMO is undertaking training agreed between the MMO and management, he / she shall be paid for the agreed training hours at not less than his / her normal MMO level.

8.    Joint Consultative Committee

The Parties shall establish a Joint Consultative Committee as a forum for open discussion. The JCC will meet at regular quarterly intervals with additional meetings if required. It shall consist of equal numbers of MMO's and Hospital / Area Hospital Service Officers. The meetings shall be paid time at the MMO's usual rate of pay. This JCC will be the reference point for any matter which concerns MMO's apart from Credentialling issues which will be referred tot he Credentialling Committee.

9.     Credentialling Committee

(i) All MMO's covered by this Agreement shall be subject to credentialling by the Credentials Committee.

(ii) Membership of the Credentials Committee will consist of two medical qualified representatives of the Illawarra Area Health Service, two MMO's and an independent Medical Consultant agreed by the parties. The independent expert will be remunerated at his/her appropriate level by the IAHS. MMO's will be remunerated at their current rate of pay for meetings of the Credentials Committee.

(iii) The Credentials Committee shall, within one month of the making of this Agreement develop guidelines to be applied by the Credentials Committee in the credentialling of the MMO's covered by this Agreement.

(iv) The Committee shall within one month of the making of this Agreement, use the developed guidelines to provide a recommendation to the Director of Health Services Operations of the Illawarra Area Health Service as to the following;-

(a) appoint ability and credentials
(b) level of appointment
(c) duration of appointment

In respect of each person named in the schedule to this Agreement Provided that no MMO shall assess his / her own credentials.

(v) Once credentials level and duration of appointment have been approved by the Director of Health Services Operations of the Illawarra Area Health Service those levels will apply from the date of effect of this Agreement.

(vi) Future appointment of MMO's must include the provision of advice from the Credentials Committee to the Director of Health Services Operations of the Illawarra Area Health Service prior to an offer of appointment being made.

(vii) The Committee will meet as frequently as required to deal with credentialling of MMO's. One meeting per year is the least number of meetings to occur.

(viii) An MMO may seek consideration by the Credentials Committee of changes to credentialling at any time. The IAHS may seek reconsideration of an MMO's credentials at any time

(ix) An MMO does not agree with the decision of the Director of Health Services Operations with regards to credentials and level of appointment, the MMO may within 14 days of notification of the decision by the Director of Health Services Operations lodge an appeal against the decision with the Chief Executive Officer of the Illawarra Area Health Service.

10.   Remuneration

Preamble

For the purposes of this Agreement the rates expressed as ‘Base Rates' represent a rolled up rate which includes all components of paid leave, excluding Long Service Leave. Long Service Leave will be paid as per the Long Service Leave Act 1955 NSW. Superannuation will be paid as per the Superannuation Guarantee Administration Act.

The parties agree that rates payable under this Agreement shall be increased by 3% from the beginning of the first full pay period commencing on or after 1 January 1998 and by a further 3% from the beginning of the first full pay period commencing on or after 1 January 1999.

11.   Leave

MMO's shall be entitled to claim up to 8 weeks leave per year ( 4 weeks of which have been remunerated as part of the rolled up base rate and 4 weeks of which will be unpaid leave). MMO's shall give the IAHS 4 weeks notice of intention to take such leave of 4 weeks or less and 8 weeks notice for leave greater than 4 weeks.

An MMO shall be entitled to unpaid leave of absence on compassionate grounds or during any period he / she is unable to render services due to illness, provided that the MMO shall notify the IAHS of such incapacity as soon as is reasonably practical.

Extra leave may be applied for and will not be unreasonably denied.

12.   Transitional Arrangements

This cause applies only to MMO's employed by the IAHS prior to the making of this Agreement (listed at...). The parties have agreed that there will be three categories of MMO's who would, without transitional arrangements, be disadvantaged by the operation of the Agreement. These categories are:

(i) MMO's who work shift patterns which mean that they would earn less in any given fortnight than would have been the case if the hourly rate applicable prior to this Agreement had been paid.

(ii) MMO's who by agreement with the Area take time out from their normal shift patterns to undertake an agreed training module and consequently would earn less is any given fortnight during the training module than would have been the case is the hourly rate applicable prior to this Agreement had been paid.

(iii) MMO's who are requested by the Area to fill a gap in the roster with the consequence that they would earn less in any given fortnight than would have been the case if they hourly rate applicable prior to this Agreement had been paid.

In all these cases, the Area will ensure that they payment in any given fortnight is no less than the amount that would have been provided if the hourly rate applicable prior to this Agreement had been paid.

13.   Variation

Should the parties agree after discussion between them and in conference with the Mmo's industrial representative (AMA - NSW), this Agreement can be varied according to the wishes of all the parties.

14.   Savings Clause

The parties agree that the matter of a 2% allowance for two disciplines / areas at level II or above will be considered when the initial credentialling process has been completed. If the parties agree that such an allowance is appropriate, the Agreement will be varied to reflect that agreement. If such an allowance is not included in the Agreement following the initial credentialling process, the matter will be reconsidered by the parties at the end of the term of the Agreement.

15.   Dispute Resolution Procedure

(1) The objective of each stage of this procedure is to achieve a result which is fair and equitable in the circumstances. It is expected that both the MMO and the relevant hospital or area health service will be prepared at all times to take part in bonafide negotiations to agree on such a result in any dispute between them without the necessity of taking it to arbitration under subclause. (7)

Stage 1 - Consultation

(2) In the event of a dispute arising, the MMO or the hospital or area health service may give notice in writing tot he other party identifying the matter or matters the subject of dispute.

(3) As soon as practicable after the giving of notice under subclause (2) the parties shall meet to discuss the dispute and attempt to resolve it by a mutually agreed method.

Stage 2 - Local hospital level

(4) If the dispute is not resolved within 14 days after the giving of the notice under subclause (2) or such further time as the parties may agree in writing the local hospital administration shall at the earliest practicable time and in any event within a further 14 days convene a meeting of the following participants.

(i) the MMO.

(ii) the clinical head responsible for the Department or Unit in which the officer performs duties or the nominee of the clinical head.

(iii) the executive officer for the local hospital at which the officer performs duties or the nominee of the executive officer.

(iv) at the option of the MMO, a representative of the Australian Medical Association (New South Wales) or an independent person of the officer's choice, not being a qualified barrister or solicitor; and

(v) such other persons as may be agreed by the parties to the dispute.

The meeting will consider the dispute with the object of assisting the parties to resolve the dispute in fair and equitable manner. With the consent of the parties the meeting may be continued on adjourned dates.

Stage 3 - Hospital or area health service level

(5). If the dispute is not resolved within 14 days after the convening of the meeting under subclause (4) or such further time as the parties may agree in writing the hospital or area health service shall at the earliest practicable time and in any event within a further 14 days convene a meeting of the following participants.

(i) the MMO.

(ii) an appropriate clinical head nominated by the relevant Chief Executive Officer (however called) of the hospital or area health service.

(iii) an executive of the hospital of area health service nominated by the relevant Chief Executive Officer (however called) of the hospital or area health service.

(iv) at the option of the MMO, a representative of the Australian Medical Association (New South Wales Branch) or an independent person of the officer's choice, not being a qualified barrister or solicitor; and

(v) such other persons as may be agreed by the partiesto the dispute.

The meeting will consider the dispute with the object of assisting the parties to resolve the dispute in a fair and equitable manner. With the consent of the parties the meeting may be continued on adjourned dates.

Stage 4 - Mediation

(6)

(a) If the dispute is not resolved within 14 days after the convening of the meeting under subclause (5) or such other time as the parties may agree in writing, then the parties may appoint a mediator to assist in the resolution of the dispute unless both parties agree to immediately refer the matter to arbitration under subclause (7). The mediator shall be a person agreed upon by the MMO and hospital or area health service and in the absence of agreement within 7 days a person nominated by the President or other most senior office bearer of the Council of the Law Society of New South Wales or its successor. The parties agree to co-operate with the mediator in the procedural steps necessary to constitute with the mediator in the procedural steps necessary to constitute the mediation and to participate in bonafide discussions with the assistance of the mediator in seeking to agree on a resolution of the dispute.

(b) The fees of the mediator and the administrative costs of the mediation shall be shared between the MMO and the hospital or area health service on a basis to be agreed.

Stage 5 - Arbitration

(7)  If the dispute is not resolved within 14 days after the appointment of the mediator or such other time as the parties may agree in writing, then the officer or the hospital or area health service may serve a further notice in writing on the other referring the dispute to arbitration in the Industrial Relations Commission of NSW.

(8)  The MMO and the hospital or area health service shall have the right to appear before the Industrial Relations Commission and the MMO may be represented by a barrister or by a solicitor or by an agent.

(9)  At the request of the MMO, the AMA (NSW Branch) shall be entitled to appear and be represented in the arbitration.

(10)  At the request of the hospital or area health service, the NSW Department of Health shall be entitled to appear and be represented in the arbitration.

(11)  In the event of either the Australian Medical Association (NSW Branch) or the NSW Department of Health appearing on the arbitration pursuant to a request under subclause (9) or (10), the other organisation shall be entitled to appear and be represented as of right.

Definitions

(12) In this clause:

(a) ‘dispute' means any dispute arising between an MMO and the relevant hospital or area health service at any time as to any time as to any matter or thing of whatsoever nature arising out of the MMO's employment within the area health service or in connection therewith.

(b) ‘local hospital' means a health facility conducted by the hospital or area health service at which the MMO provides services under the sessional contract.

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